To ensure that employers do not take advantage of their workers, both federal and state laws require employers to compensate their employees for working overtime. An employer’s failure to abide by these laws is both unfair and unlawful, so if you work for an employer who regularly refuses to pay overtime, you should obtain the advice of an experienced employment law attorney who can explain your legal options to recover your lost pay.
According to the federal law called the Fair Labor Standards Act (FLSA), employees are prohibited from working more than 40 hours a week unless they receive overtime pay for the additional hours. The standard rate of overtime pay is one and one-half of what an employee regularly makes per hour, so employees who work overtime must receive one and one-half of what they usually make for every extra hour worked.
Employees who work in certain industries or fill specific positions are not guaranteed minimum wage or overtime pay. Generally, whether an employee is exempt or nonexempt depends on three specific factors:
Based on these factors, federal law states that exempt employees are generally those who:
Examples of exempt employees include:
When an employer denies a covered employee overtime pay, unpaid workers could be awarded the wages they were denied in addition to liquidated damages, which are intended to compensate workers for other losses they suffered as a result of not being paid.
At Marshall Forman & Schlein LLC, we understand that not receiving your fair wages can be a financial and emotional burden on both employees and their families If you live in Ohio and are not receiving the pay you are entitled to, please call us and speak to an experienced overtime attorney.
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The staff at this firm are incredible. They want to know your story but, more than that, they want to know you. They get to know your heart and spirit so that they can serve you personally and effectively. My experience was refreshing and I felt cared for. Their work…
Would highly recommend Maddie Rettig! Very knowledgeable of all laws and regulations. She kept me informed every step of the way and was very transparent about what was going on. Very pleased customer and would refer anyone I know who needs legal counsel to Maddie!
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Sam was my lawyer in a case where my employer harassed me and violated my FMLA rights. I recommend Sam because of course I won the case and got everything I wanted, but most importantly Sam will fight for you. He treated me with the highest level of respect. Sam…
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